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Court upholds child molester's no-contact condition

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The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.

The case involves allegations that Ronald Rexroat molested the daughter of his friends in 2009. The girl told her mom that he touched her on three separate occasions, and the mom reported the allegations to the Indiana Department of Child Services. The state in 2010 charged Rexroat with two Class C felonies, which were two identically worded counts. A jury found him guilty of both, and the trial court sentenced him to six years on each count to be served concurrently, with three years suspended to probation. One of the probation conditions was that Rexroat have no face-to-face, telephonic, electronic or indirect contact with anyone under age 18 unless first approved.

Rexroat appealed his sentence on double jeopardy grounds and also the probation condition that he alleged was overbroad and a violation of his First Amendment rights.

In Ronald Rexroat v. State of Indiana, No. 49A02-1107-CR-594, the Court of Appeals found that Rexroat failed to show any double jeopardy violation under the Indiana or U.S. constitutions. Specifically, the “same elements” test adopted by the Supreme Court of the United States in 1932 doesn’t apply here. As for the state claim, the Indiana Supreme Court in 1999 held that that the second charge must be for the same, identical act and crime as the first offense and that’s not what happened here. The two counts arose from two separate incidents, and so the statutory elements test does not apply.

Turning to the probation condition claim, the appellate panel disagreed that Rexroat’s constitutional rights have been violated. The court looked to its Smith v. State, 727 N.E.2d 763, 767 (Ind. Ct. App. 2000), ruling that adopted a three-prong test to determine whether a probation condition requiring the defendant to avoid all contact with minors was unduly intrusive on constitutional rights.

Rexroat ignored the Smith holding, the court wrote, and he hasn’t shown the probation condition regarding contact with minors is unconstitutional.

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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